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Maryland Military Law Questions & Answers
1 Answer | Asked in Military Law for Maryland on
Q: How to I get a PADD to give to Arlington National Cemetery to have my father's remains interred there. My mother is

Already interred there. My father is the veteran and just died.

James L. Arrasmith
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answered on Feb 25, 2024

Here are the key steps to getting a Presidential Memorial Certificate (PMC) for your late father to be eligible for interment at Arlington National Cemetery with your mother:

1. Obtain your father's military discharge papers (DD Form 214 or equivalent) showing dates of active service,...
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1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Daniel Staeven
Daniel Staeven
answered on Mar 17, 2023

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

There is a legal right in federal law that allows active military personnel to terminate a lease early when they have been given orders to relocate or deploy for duty outside of the area where the premises are located. That obligates the landlord to release the military tenant from the lease and... View More

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1 Answer | Asked in Child Support and Military Law for Maryland on
Q: My ex-wife has sent "Income Withholding for Support" papers to my current employer & Military pension... Why?

I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support?

James L. Arrasmith
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answered on Mar 15, 2023

It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
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answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

1 Answer | Asked in Civil Rights and Military Law for Maryland on
Q: What are the laws governing private militias in MD?

I found many references to "Private and unauthorized Militias" but cannot find any definitions.

There are many Militias operating nationwide, but I cannot find any laws concerning their legality in the state of MD.

Mark Oakley
Mark Oakley
answered on Nov 24, 2020

Maryland Public Safety Code, Title 13. Militia.

The full act and statutes can be accessed here:...
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Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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1 Answer | Asked in Employment Law and Military Law for Maryland on
Q: After my first mediation meeting, I was placed on a second PIP by my supervisor and demoted. Is this retaliation?
J. D. A.
J. D. A.
answered on Jul 28, 2020

It depends. Proximity in time to the employee's protected activity is one factor a court may consider- though generally insufficient by itself. In simple terms, the question is really whether the adverse employment action (new PIP/demotion) was justified by the facts- or was motivated by... View More

1 Answer | Asked in Criminal Law and Military Law for Maryland on
Q: What type of lawyer do I need to sue someone for harassment/stalking?

I have been photographed without my consent multiple times in a publicly used area. These photographs, along with phone calls, have been used to instigate issues with our housing management, we aren't sure to what end. These individuals have tried to bring us to court under pretenses, and one... View More

Eric Todd Kirk
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answered on Jun 6, 2020

You can file for a civil peace order, and discuss the case with the police department or take out an application for statement of charges at the commissioner's office. You can also speak with a civil litigator about injunctive relief, defamation, false light and other civil claims wherein you... View More

1 Answer | Asked in Military Law for Maryland on
Q: Joining the Army, but bump in the road. What should I do? Please read carefully

When I was 18 I tried to join the Navy. At the time, I was prescribed to Adderal. The military requires a waiver form in order to allow people who had ADHD to join. However, my Navy Recruiter at the time KNEW this and said “don’t worry, it’s just extra paperwork, if they ask you anything you... View More

J. D. A.
J. D. A.
answered on Nov 15, 2018

It wouldn't help anything to lie about the previous incident. If you know the name of the Navy recruiter, it is odd that they can't find him/her. However, it is very unlikely they would support your story and admit they told you to lie, even if they found them. What doesn't add up... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Military Law for Maryland on
Q: I am an active military member, i need an experienced lawyer with Military divorce to counsel and represent me
Lynndolyn Tippins Mitchell
Lynndolyn Tippins Mitchell
answered on Jun 3, 2018

I have represented active duty military and also have personal experience with the military with respect to pensions and survivor benefits.

Sincerely,

Lynndolyn Mitchell

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